A Survey of Philippine Laws on Environment and Natural Resources

Rodolfo Ferdinand N. Quicho, Jr., Esq.

Constitution and the Environment

Preamble We, the sovereign Filipino people in order to build a just and humane society and establish a government that shall conserve and develop our patrimony under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Constitution and the Environment

Principles and State Policies Right to Health
The State shall protect and promote the right to health of the people and instill health consciousness among them. (Art. II, Sec. 15)

Right to Balanced Ecology

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. (Art. II, Sec. 16)
Oposa v. Factoran

General Welfare
The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. (Art. II, Sec. 5)

Constitution and the Environment

Bill of Rights Right to Life (Due Process Clause)
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (Art. III, Sec. 1)

Right to Information Right to free speech and free association

Constitution and the Environment

National Economy and Patrimony Goals of the national economy
equitable distribution of opportunities, income, and wealth sustained increase in the amount of goods and services produced by the nation for the benefit of the people expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

Constitution and the Environment

National Economy and Patrimony State ownership of natural resources
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State
Carino v. Insular Government Cruz v. NCIP

Natural resources inalienable, except agricultural lands

Constitution and the Environment

Modes of utilization of NR Direct utilization by the State Co-production, joint venture, production sharing with Filipinos (60% rule) Small-scale utilization Technical or financial assistance Land classification Agricultural Forest or timber Mineral lands National Parks
Limits of forest lands and national parks to be determined by Congress, clearly marking metes and bounds on the ground

Constitution and the Environment

ICCs/IPs Protect rights of ICCs to their ancestral lands Applicability of customary laws on property relations Ownership and extent of ancestral domains Social Function of Property Use of property bears social function Economic agents to contribute to common good Distributive justice (State can intervene when common good demands)

Constitution and the Environment

Social Justice and Human Rights Ecological considerations in agrarian reform Preferential use of marine resources by subsistence fishermen Rights of women
Protect working women thru safe and healthful working conditions Facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation

Peoples Organizations
Encourage non-gov, CB or sectoral orgs that promote welfare of nation Respect role of independent POs POs bona fide associations of citizens with demonstrated capacity to promote public interest and with identifiable leadership, membership, structureLocal Autonomy

Ensure autonomy of local governments

General Environmental Laws

PD 1151 (Environmental Policy) Policy
Create, develop, maintain, improve conditions where humans and nature can thrive Fulfill the social, economic and other requirements of present and future generations Ensure attainment of environmental quality conducive to a life of dignity and well-being

Goals
Recognize, discharge and fulfill responsibilities of each generation as trustee Assure people of safe, decent, productive, and aesthetic environment Widest exploitation of environment without degrading it Preserve important historic and cultural aspects of Phil. Heritage Attain balance between population and resource use Improve utilization of renewable and non-renewable resources

General Environmental Laws

PD 1151 (Environmental Policy) Recognition of Right to healthy environment IES PD 1152 Air Quality Management Water Quality Management Land Use Management Natural Resource Management & Conservation Waste Management

General Environmental Laws

PD 1586 Established the EIS System Environmentally Critical Projects Environmentally Critical Areas PD 984, Pollution Control Law Defines Pollution
Alteration of the physical, chemical, and biological properties of any water, air and/or land resources, or any discharge thereto of any liquid, gaseous, or solid wastes as will or is likely to create or render them harmful, detrimental or injurious to public health, safety, or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes. Mead v. Argel

General Environmental Laws

RA 6969, Toxic Substances and Hazardous W astes Control Act Objectives:
Keep an inventory of chemicals imported, manufactured, used Monitor and regulate importation, manufacture, processing, handling, storage, transport, sale, distribution, use and disposal of chemical substances Inform and educate populace on hazards and risks Prevent entry of hazardous and nuclear wastes

Hazardous Substances and Nuclear W astes

Hazardous substances present short-term acute hazards or risk of fire or explosion; or long-term environmental hazards Hazardous wastes without any safe comml, indl, agri, eco usage, and brought to the Philippines for dumping Nuclear wastes hazardous wastes made radioactive by exposure to radiation through production or utilization of nuclear fuels

Forestry Law
PD 705, Revised Forestry Code of 1975 Defines forest 18% slope rule Utilization requires contract, concession, permit, license, or lease Defines Illegal Logging, among others
Mode
Cut, gather, collect, remove Cut, gather, collect, remove Posses

Object
Timber or other forest products Timber Timber or other forest products

Source
Forest land Private land or A&D land Anywhere

Condition
Without authority Without authority Without legal documents

Forestry Law
EO 263, CBFM CBFM as national strategy
Social justice concern Entrusts responsibility for forest rehabilitation, protection, and conservation to communities, and affords them equitable access to the forest and coastal resources

Tenurial instruments
CBFMA CBFMA-PA CADC CALC

Mining
RA 7076, Peoples Small-Scale Mining Act of 1991 Small-scale Mining Program DENR
Achieve orderly, systematic, rational scheme for small-scale development and utilization of mineral resources in certain areas to address social, eco, tech, and envi problems connected with small-scale mining activities

Definitions
Small-scale mining relies heavily on manual labor using simple implements, do not use explosives or heavy equipment Small-scale miners Filipino citizens, individually or as a group, voluntarily form a cooperative, licensed by DENR to engage in extraction of minerals or ore-bearing materials

Mining area
No more than 20 has.

Mining
RA 7942 (Mining Act of 1995) Areas for mineral operations
All mineral resources in public or private lands, including timber or forestlands open to mineral agreements or financial or technical agreement applications.

3 Modes of Mineral Agreements

Mineral production sharing agreement Co-production agreement Joint venture agreement

Financial or Technical Assistance Agreement Quarry Resources

Quarry permits for building and construction materials with provincial/city government

Biodiversity
Republic Act 7586, NIPAS Act Protected Areas
Identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity, and protected against destructive human exploitation.

Management Legislation
PAMB Zoning GMPS & PA-MPS

Process Legislation

Biodiversity
RA 9147, Wildlife Resources Conservation and Protection Act of 2001 Wildlife
W ild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated.

Bioprospecting
Research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom for commercial purposes

Access to biodiversity
Gratuitous permit for non-commercial scientific or educational research Bioprospecting for commercial Registration of threatened and exotic species

Biodiversity
EO 247, Guidelines for the Prospecting of Biological and Genetic Resources, 1995 Permits
Gratuitous, Academic Research Agreement Commercial, Commercial Research Agreement

Prior Informed Consent of local and indigenous cultural communities Benefits of Filipinos
Participation in research Royalties to communities, in commercial Access to information Permit fees

Law on Fisheries
RA 8550, The Philippine Fisheries Code of 1998 Provides for fisheries management
DA-BFAR Exclusive use of Filipinos

Local Management
Municipal waters FARMC

Sub-sectors
Municipal fisheries Commercial fisheries Aquaculture Processing

Indigenous Peoples
RA 8371 (IPRA) Recognition of rights
Ancestral domains and lands
CADT and CALT

Self-Governance and Empowerment

Free and Prior Informed Consent Indigenous forms of government Indigenous modes of settling dispute

Social Justice and Human Rights Cultural Integrity NCIP